What are the elements for the crime of conspiracy?

California, United States of America


The following excerpt is from People v. Gibson, C089393 (Cal. App. 2021):

The elements for the crime of conspiracy are " 'proof that the defendant and another person had the specific intent to agree or conspire to commit an offense, as well as the specific intent to commit the elements of that offense, together with proof of the commission of an overt act "by one or more of the parties to such agreement" in furtherance of the conspiracy.' [Citation.]" (People v. Russo (2001) 25 Cal.4th 1124, 1131.) The prosecution must prove the commission of an overt act, but "the jury need not agree on a specific overt act as long as it unanimously finds beyond a reasonable doubt that some conspirator committed an overt act in furtherance of the conspiracy." (Id. at p. 1128.)

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